Case law
Opinions from 1658 to today.
6,967 results
0.56s
322 F. Supp. 3d 163 · Court of Appeals for the D.C. Circuit · Aug 24, 2018
According to Moore, HUD hired him as a PMF and then pushed him into a lower-paying job for which he was less qualified because of his race, gender, and age. See Am. Compl. [ECF No. 12] ¶¶ 61, 66, 126(a). … He therefore has not met his burden to establish the existence of a hostile work environment based on his age.
Cited 2 timesPublished196 F.2d 573 · Court of Appeals for the D.C. Circuit · Jun 2, 1952
Eminent and able counsel for appellant state their contention clearly and accurately. They deny that their client purposed to kill and thus put in issue his purpose (intent) to kill. … But their original appointment was “until their successors are appointed and qualified” 16 Therefore they were validly acting as “holdovers” under their first appointment. 17 Furthermore, there was no specific statutory reference
Cited 38 timesPublished850 F.2d 729 · Court of Appeals for the D.C. Circuit · Jun 21, 1988
Secs. 1301-03 , as not affecting tribal immunity to certain suits)). 22 As an initial matter, we find petitioners' argument that construction of the Star Lake line would violate 25 U.S.C. … The determination was one that the agency was uniquely qualified to make; we are bound to affirm unless it lacks a reasonable basis, which is not the case. See Southern Pacific Trans. Co. v.
Cited 1 timesPublishedSierra Club v. United States Department of Transportation
753 F.2d 120 · Court of Appeals for the D.C. Circuit · Jan 25, 1985
It is clearly within the expertise and discretion of the agency to determine proper testing methods. We find no abuse of discretion in the choice of the cumulative noise level analysis methodology. … Here the respondents claim that the FAA orders qualified as “categorically excluded" and neither NEPA nor controlling agency orders required a further examination of the effects of the agency action.
Cited 6 timesPublishedSenate Select Committee On Presidential Campaign Activities v. Richard M. Nixon
498 F.2d 725 · Court of Appeals for the D.C. Circuit · May 23, 1974
He contended that he is absolutely immune in all cases from the compulsory process of the courts, and that whenever, in response to a grand jury subpoena, he interposes a formal claim of privilege, that claim without more … Thus, even though recognizing that the legislative function is no less important than the prosecutorial, I agree that the Senate Committee has failed to demonstrate a present need of sufficient urgency to overcome even the qualified
Cited 0 timesPublished692 F.2d 141 · Court of Appeals for the D.C. Circuit · Nov 5, 1982
Thus, though appellants were not targets of the surveillance, they qualify as aggrieved persons because their "communications ... were subject to electronic surveillance." 22 Cf. Alderman v. … The executive branch is responsible for promulgating minimization procedures, establishing and complying with internal review procedures, and supervising warrantless surveillance. Id. at 414-33.
Cited 0 timesPublishedMississippi v. Environmental Protection Agency
744 F.3d 1334 · Court of Appeals for the D.C. Circuit · Jul 23, 2013
Reasonable people might disagree with EPA’s interpretations of the scientific evidence, but any such disagreements must come from those who are qualified to evaluate the science, not us. … “[T]here is,” EPA stated, “no bright line clearly directing the choice of level, and the choice of what is appropriate is clearly a public health policy judgment entrusted to the Administrator.” Id. at 16,482-83.
Cited 22 timesPublished70 F.3d 610 · Court of Appeals for the D.C. Circuit · Nov 14, 1995
standard so low as to be arbitrary and capricious and in violation of the NLEA. 2 The District Court granted appellee's 1 motion to dismiss, finding that the determinations embodied in the FDA's regulations, although not immune … And the District Court clearly interpreted appellants' arguments as implicating arbitrary and capricious review.
Cited 0 timesPublishedUnited States v. Leandre, Yves
132 F.3d 796 · Court of Appeals for the D.C. Circuit · Jan 13, 1998
The district court found, notwithstanding the psychologist's causal conclusion, that Leandre had failed to establish "the collection of factors" necessary for a downward departure under section 5K2.13. … The only remaining question is whether the district court's causal finding was clearly erroneous.
Cited 29 timesPublishedBarbee v. Capital Airlines, Inc.
191 F.2d 507 · Court of Appeals for the D.C. Circuit · Aug 2, 1951
His application was denied, although the appellant has been at all relevant times a duly qualified and licensed pilot. … established.
Cited 4 timesPublished880 F.2d 432 · Court of Appeals for the D.C. Circuit · Jul 14, 1989
Petitioners maintain that the "shall not be limited by" language clearly establishes restoration costs as a "floor" measure of damages. … however, require utilization of the "best available procedures" for determinations of damages flowing from destruction of or injury to natural resources, 79 and Industry Petitioners insist that CV methodology is too flawed to qualify
Cited 39 timesPublished34 F.4th 1090 · Court of Appeals for the D.C. Circuit · May 20, 2022
Dufur filed an administrative appeal arguing, among other things, that the Commission had violated § 4206(d) in denying him parole since he had served enough time to qualify for release and had a clean disciplinary record … Nor does the structure of § 4206(d), which the Commission treats as establishing a rebuttable presumption in favor of parole, require the Commission to ignore the nature of the offense.
Cited 19 timesPublished700 F.2d 710 · Court of Appeals for the D.C. Circuit · Feb 18, 1983
Contrary to the government’s contention on appeal, however, S.B. 3 is clearly not such a law. … This does not imply by negative inference, however, that “qualified” local entities were still guaranteed the right to receive direct grants, for obviously there might be more qualified local entities than there is money
Cited 9 timesPublishedIn Re: Madison Guaranty Savings & Loan
427 F.3d 981 · Court of Appeals for the D.C. Circuit · Feb 27, 2004
Under theory (2), Larry states that he ‘‘clearly and undeni- ably has been subjected to a more rigorous application and different standards of criminal law than are applied to per- sons not covered by the Act.’’ … He claims that at the time of the ‘‘referral,’’ there was no evidence to establish a level of guilt between him and Hale, see U.S. v.
Cited 0 timesPublishedBurns v. Lovett, Secretary of Defense Dennis v. Lovett, Secretary of Defense
202 F.2d 335 · Court of Appeals for the D.C. Circuit · Dec 15, 1952
Those essentials are fairly well identified and established in the cases. … Let the record show that Captain Drucker is a member of The Judge Advocate General’s Corps, Department of the Army, and is a qualified lawyer.
Cited 21 timesPublishedJohn Roy Harper, II v. Edward H. Levi, Attorney General of the United States, (Two Cases)
520 F.2d 53 · Court of Appeals for the D.C. Circuit · Jul 24, 1975
On June 16, 1972, in accordance with established procedure, 34 the *59 Attorney General requested additional information regarding Act 1204. … REVIEWABILITY Appellants next contend that the Attorney General’s activities under Section 5, even when legally erroneous, are immune from judicial review.
Cited 21 timesPublished883 F.2d 85 · Court of Appeals for the D.C. Circuit · Jun 30, 1989
It is clear that HCMC did not qualify for an exemption under the regulation; therefore, no relief is due under the applicable exceptions to the limitations on reimbursable costs. … The record clearly supports the PRRB denial of such an exception to HCMC. 37 However, because HCMC cannot be granted claims retroactively that were not warranted in the first instance, we reverse the District Court's remand
Cited 4 timesPublishedBuilding & Construction Trades Department v. Brock
838 F.2d 1258 · Court of Appeals for the D.C. Circuit · Feb 2, 1988
It believes that OSHA ought to have established comparability between that method and those used in the feasibility studies on which OSHA relied. … BCTD objects that OSHA has not spelled out clearly enough what qualifies as “objective data.” BCTD Brief at 56-58.
Cited 3 timesPublished580 F.2d 578 · Court of Appeals for the D.C. Circuit · Jun 22, 1978
I understand the importance of such a claim, but in honesty can make it only as qualified above." … Nor can we characterize the court's finding that "Sumpter's testimony at the hearing was insufficient to show that the government had engaged in such interception" as clearly erroneous.
Cited 3 timesPublishedD.C. Federation of Civic Associations, Inc. v. John A. Volpe
434 F.2d 436 · Court of Appeals for the D.C. Circuit · Apr 6, 1970
Indeed, the only discussions of the issue clearly .indicate support of our interpretation from those supporting Section 23. … Engineering costs, and the expenses of other activities, such as public hearings, which clearly take place long before what the statute defines as “actual building” ( 23 U.S.C. § 101 ), also qualify as “construction” costs
Cited 44 timesPublished
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